Texas 2023 - 88th Regular

Texas House Bill HB3986 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Lalani H.B. No. 3986
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the authority of a peace officer to apprehend a person
7	7	for emergency detention and the authority of certain facilities and
8	8	physicians to temporarily detain a person with mental illness.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter A, Chapter 573, Health
11	11	and Safety Code, is amended to read as follows:
12	12	SUBCHAPTER A. APPREHENSION, [BY PEACE OFFICER OR] TRANSPORTATION,
13	13	OR DETENTION WITHOUT JUDGE'S OR MAGISTRATE'S ORDER [FOR EMERGENCY
14	14	DETENTION BY GUARDIAN]
15	15	SECTION 2. Section 573.001, Health and Safety Code, is
16	16	amended by adding Subsection (i) to read as follows:
17	17	(i) A peace officer may take a person who has been admitted
18	18	to a facility into custody under this section. For purposes of this
19	19	subsection, "facility" has the meaning assigned by Section 573.005.
20	20	SECTION 3. Subchapter A, Chapter 573, Health and Safety
21	21	Code, is amended by adding Section 573.005 to read as follows:
22	22	Sec. 573.005. TEMPORARY DETENTION IN CERTAIN FACILITIES.
23	23	(a) In this section, "facility" means:
24	24	(1) an inpatient mental health facility other than a
25	25	community center, a facility operated by or under contract with a
26	26	community center, an entity that the department designates to
27	27	provide mental health services, a local mental health authority, or
28	28	a facility operated by or under contract with a local mental health
29	29	authority, unless the facility is licensed under Chapter 577;
30	30	(2) a hospital, or the emergency department of a
31	31	hospital, licensed under Chapter 241; and
32	32	(3) a freestanding emergency medical care facility
33	33	licensed under Chapter 254.
34	34	(b) The governing body of a facility may adopt and implement
35	35	a written policy that provides for the facility or a physician at
36	36	the facility to detain a person who voluntarily requested treatment
37	37	from the facility or who lacks the capacity to consent to treatment,
38	38	as provided by this section, if:
39	39	(1) the person expresses a desire to leave the
40	40	facility or attempts to leave the facility before the examination
41	41	or treatment is completed; and
42	42	(2) a physician at the facility:
43	43	(A) has reason to believe and does believe that:
44	44	(i) the person has a mental illness; and
45	45	(ii) because of that mental illness there
46	46	is a substantial risk of serious harm to the person or to others
47	47	unless the person is immediately restrained; and
48	48	(B) believes that there is not sufficient time to
49	49	file an application for emergency detention or for an order of
50	50	protective custody.
51	51	(c) A policy adopted and implemented by a facility under
52	52	this section may not allow the facility or a physician at the
53	53	facility to detain a person who has been transported to the facility
54	54	for emergency detention under this chapter.
55	55	(d) A policy adopted and implemented by a facility under
56	56	this section must require:
57	57	(1) the facility staff or the physician who intends to
58	58	detain the person under the policy to notify the person of that
59	59	intention;
60	60	(2) a physician to document a decision by the facility
61	61	or the physician to detain a person under the policy and to place a
62	62	notice of detention in the person's medical record that contains
63	63	the same information as required in a peace officer's notification
64	64	of detention under Section 573.002; and
65	65	(3) the period of a person's detention under the policy
66	66	to be less than four hours following the time the person first
67	67	expressed a desire to leave, or attempted to leave, the facility,
68	68	and the facility or physician to release the person not later than
69	69	the end of the four-hour period unless the facility staff or
70	70	physician arranges for a peace officer to take the person into
71	71	custody under Section 573.001 or an order of protective custody is
72	72	issued.
73	73	(e) Detention of a person under a policy adopted and
74	74	implemented by a facility under this section is not considered
75	75	involuntary psychiatric hospitalization for purposes of Section
76	76	411.172(e), Government Code.
77	77	(f) A physician, person, or facility that detains or does
78	78	not detain a person under a policy adopted and implemented by a
79	79	facility under this section and that acts in good faith and without
80	80	malice is not civilly or criminally liable for that action.
81	81	(g) A facility is not civilly or criminally liable for its
82	82	governing body's decision to adopt or not to adopt a policy under
83	83	this section.
84	84	SECTION 4. This Act takes effect September 1, 2023.